Land uses in transect-based and conventional districts shall be permitted in accordance with the table below. Special provisions related to uses in the AICUZ Overlay District are in Section 2.7.4. The zoning designation of water is the same as the land it is adjacent to.

P=Permitted Use
C=Conditional Use
SE=Special Exception
E=in Existing Building/Facility Only

RF = Retail Frontage Only
A=T4-Neighborhood Artisan subdistrict Only
— = Prohibited use

The use table in Section 3.2 assigns 1 of 6 permissions to each use in each district as follows:

A.

Permitted Use (P): The use is permitted by-right, with no additional conditions or requirements.

B.

Conditional Use (C): The use is permitted by-right, provided that the additional use conditions set forth in this article are met.

1.

The specified standards are intended to ensure that these uses are compatible with other development permitted within the districts.

2.

Approval procedures for conditional uses are in Section 9.4.2 (Zoning Permit.)

C.

Special Exception (SE): The use is permitted only when a Special Exception has been approved.

1.

Special Exceptions are required for uses that may be compatible with other uses permitted in a district, but which, because of their unique characteristics or potential impacts on the surrounding neighborhood and/or the city as a whole, require individual consideration in their location, design, configuration, and/or operation at the particular location proposed.

2.

All applications for Special Exceptions shall, at a minimum, meet the standards for the district in which they are located and the additional standards set forth in this article for that use. There may also be specific building design standards that must be met (Section 4.5).

3.

Approval procedures for Special Exceptions are found in 9.13.

D.

In Existing Facilities Only (E): The use is permitted only in existing buildings or facilities and in any expansions that do not increase the size of the facility structure by more than 50%.

E.

Retail Frontage Overlay Required (RF): Where a block face is designated on the zoning map as a Retail Frontage overlay, the building(s) with direct access to the designated fronting street is permitted to be occupied by certain commercial uses as indicated in the use table.

F.

T4-Neighborhood Artisan (A): This use is permitted with conditions only in the T4-Neighborhood Artisan (T4-NA) District. Conditions may be listed in the "Additional Standards" section as appropriate. Other uses permitted in the general T4-N district may have special conditions for T4-NA; those conditions are also listed in the additional standards section as appropriate.

G.

Prohibited Uses (—): The use is prohibited in the specified district.

A.

Definition of Use Category: See Section 13.1 (Definitions of Specialized Terms).

B.

Basis for Classification: Use categories classify land uses and activities into categories based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. The use categories provide a systematic basis for assigning present and future land uses into appropriate Districts.

C.

Principal Uses: Principal uses are assigned to the category that most closely describes the nature of the principal use. The "Characteristics" subsection of each use category describes the common characteristics of each principal use.

1.

Developments with Multiple Principal Uses: When all principal uses of a development fall within one use category, the entire development is assigned to that use category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable category and each use is subject to all applicable regulations for that category.

D.

Accessory Uses: Accessory uses are allowed by-right in conjunction with a principal use, unless otherwise stated in this Code. Also, unless otherwise stated, accessory uses are subject to the same regulations as the principal use. Common accessory uses are listed as examples in the use category descriptions. See Section 3.12 for additional standards for accessory uses and structures.

E.

Use of Examples: The "Examples" subsection of each use category lists common examples of uses included in the respective use category. The names of these sample uses are generic. They are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself a "wholesale warehouse," but sells mostly to consumers, is included in the "Retail Sales and Service" category rather than the "Wholesale Sales" category. This is because the actual activity on the site matches the description of the "Retail Sales and Service" category.

F.

Similar Use Interpretation Criteria: The following considerations shall be used in making similar use interpretations:

1.

The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category.

2.

The relative amount of site area or floor space and equipment devoted to the activity.

3.

Relative amounts of sales from each activity.

4.

The customer type for each activity.

5.

The relative number of employees in each activity.

6.

Hours of operation.

7.

Building and site arrangement.

8.

Vehicles used with the activity.

9.

The relative number of vehicle trips generated by the use.

10.

How the use advertises itself.

A.

Household Living:

1.

Characteristics: Household Living is characterized by the residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis.

2.

Accessory Uses: Accessory uses include recreational activities, hobbies, accessory dwelling units, enclosed storage, and parking of the occupants' vehicles. Home Occupations are accessory uses that are subject to additional regulations set forth in Section 3.3.2 D.

3.

Examples: Examples include single-family dwellings, two-family dwellings, triplexes, condominiums, townhouses, and other multi-family dwellings, upper floor residential, retirement center apartments, some congregate care facilities, and manufactured housing and other structures with self-contained dwelling units.

4.

Exceptions: Living in a dwelling unit where units are rented for less than 30 days is classified in the Overnight Guest Accommodations category.

B.

Group Living:

1.

Characteristics: Group Living is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of "household living." The size of the group may be larger than the average size of a household. Tenancy is arranged on a monthly or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see "Overnight Accommodations" — Section 3.6.1 C. — and "Community Service" — Section 3.5.1 A. — categories). Generally, group living structures have a common eating area for residents. The residents may receive care, training, or treatment.

2.

Accessory Uses: Accessory uses include recreational facilities, dining facilities, and parking of vehicles for occupants and staff.

3.

Examples: Examples include group dwellings, dormitories, fraternities and sororities, nursing homes, assisted living facilities, and monasteries and convents.

4.

Exceptions:

a.

Lodging where tenancy may be arranged for periods of less than 30 days is classified in the Overnight Guest Accommodations category.

b.

Lodging where the residents meet the definition of a household, and where tenancy is arranged on a month to month basis, or for a longer period, is classified as Household Living.

c.

Congregate Care Facilities, where individual units meet the definition of a dwelling unit in Article 13, are classified as Household Living.

d.

Monasteries and convents affiliated with, and attached to — or on the same campus as — a church are considered Religious Institutions.

The following additional standards apply to the approval and development of projects where the use is listed in the "Table of Permitted Uses" in Section 3.2 as Conditional (C), Special Exception (SE), or T4-Neighborhood Artisan (A). In addition, any Building Design standards, as set forth in Article 4, apply as applicable.

A.

2—3 Units Dwelling: See Section 4.5.5.

B.

Rowhome (syn. townhome, townhouse, rowhouse): See Section 4.5.6.

C.

Multi-family Dwelling: See Section 4.5.7.

D.

Home Occupations: Home Occupations shall be separated into 2 categories and permitted subject to an annual business license, issued by the City of Beaufort and the following provisions.

1.

Home Occupation - Minor: A Minor Home Occupation shall be deemed an accessory use, and must meet the following standards:

a.

Incidental: Such use shall be clearly incidental and secondary to the principal use of the dwelling.

b.

Access: Entrance to the home office portion of the dwelling shall be from within the dwelling, and not through a new outside entrance, except where this provision conflicts with the requirements of the South Carolina Department of Health and Environmental Control (DHEC).

c.

Clients:

i.

Instruction in music, dancing and similar services shall be limited to 2 clients at a time.

ii.

Family Child Care Home is limited to 6 or fewer clients.

d.

Employees: Employees are limited to those persons who reside on the premises.

2.

Home Occupation - Major:

a.

Employees: A maximum of 2 employees who are not residents of the household may work on-site.

b.

Process: These are permitted by Special Exception (Section 9.13).

3.

Home Occupation Standards:

a.

General to All Home Occupations:

i.

Disturbance: Such use shall create no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, unhealthy or unsightly conditions, visual or audible interference in any radio or television receivers off the premises, traffic, or parking problems.

ii.

Hours: Activities involving visitors/clients shall occur only between 8 a.m. and 8 p.m. When Family Day Care Home is a Home Occupation-Minor, it is exempt from this standard.

iii.

Parking: Off-street parking shall be provided in accordance with the standards of Section 5.7 for the type of home occupation maintained. The off-street parking spaces required for the home business shall be maintained in addition to the space or spaces required for the residence itself. No parking spaces, other than driveways, may be located in the required front yard setback. Such use shall not result in off-street parking of more than 3 vehicles at any one time not that are owned by members of the occupant household.

iv.

Vehicles: Only passenger vehicles with a size not exceeding classification as light duty vehicles (8,500 pounds or less), shall be permitted in connection with the home occupation.

v.

Trailers: One vehicle trailer, no more than 12 feet in length, is permitted as part of such use. The trailer shall not be parked in the street right-of-way or in the front yard, unless it is parked in a driveway.

vi.

Specialized Use Standards:

a.

Barber Shop/Beauty Parlor: This use shall be licensed and operated according to the standards set by the South Carolina Department of Labor, Licensing, and Regulation, and shall be limited to 2 chairs. The applicant shall certify that the proposed use is not prohibited by any covenant or deed restriction on the property.

b.

Event Venue: A private home may be used as an event venue and considered a home occupation-major if not more than 1 event occurs per month, on average, with each event lasting no longer than 2 days. Events shall be limited to 501(c)3 non-profit functions.

b.

Specific to all Home Occupations:

i.

Outdoor Activities: Outdoor operations and storage related to the home occupation are prohibited.

ii.

Signs: No more than one sign or name plate not exceeding 1.5 square feet in area is permitted. No freestanding, illuminated, or animated sign shall be posted. If a home occupation is located in a bed and breakfast establishment, then only one sign shall be permitted for both uses.

iii.

Display/Sales: Products that have been produced on premises may be displayed on front porches and cover up to 25% of the floor/wall area of the porch. Items that are offensive and violate provisions of Section 1.2 of this Code, are not permitted. Display of merchandise in the yard is not permitted.

iv.

Sales: Only articles made on the premises, with the exception of antiques, may be sold. Non-durable articles (consumable products) that are incidental to the service, that is the principal use in the home occupation may be sold on the premises.

v.

Maximum Size: The home occupation shall occupy a maximum of 25% of the floor area of the principal dwelling. There is no maximum percentage of floor area for accessory structures.

4.

Exclusions to Home Occupations: No home occupation shall be permitted that results in any of the following:

a.

Makes internal or external alterations inconsistent with the residential use of the building.

b.

Is visible from the street.

c.

Generates traffic, parking, sewage, or water use in excess of what is normal in the residential neighborhood.

d.

Creates a hazard to persons or property.

e.

Results in electrical interference.

f.

Results in the outside storage or display of anything.

5.

Prohibited Home Occupations: The following are prohibited as Home Occupations (Minor or Major):

a.

Automobile and/or body and fender repair.

b.

Restaurants.

c.

Uses that entail boarding, harboring, training, raising, or treating dogs, cats, birds, or other animals on-site.

d.

Body piercing and tattoo facilities.

E.

Live-Aboard Boat: Such boats shall be located within a marina permitted by the South Carolina Department of Health and Environmental Control Office of Ocean and Coastal Resource Management (SCDHEC-OCRM) or attached to a mooring ball located within a mooring field permitted by SCDHEC-OCRM.

F.

Live-Work Unit: See Section 4.5.8.

G.

Manufactured Home: Manufactured homes are permitted as part of a manufactured home park only. Manufactured home parks standards are listed in Section 4.6.5.

A.

Civic Facility:

1.

Characteristics: This category includes public or quasi-public facilities open to the general public that serve a cultural, educational, and/or social function in the community.

2.

Accessory Uses: Accessory uses include retail uses such as a gift/book shop, restaurant, etc.

3.

Examples: Examples include aquariums, arboretums, art galleries and exhibitions, civic theaters, facilities for live theater and concerts, historic sites and exhibits, libraries, museums, planetariums, and zoos.

B.

Government Facilities:

1.

Characteristics: Government facilities include offices, storage, maintenance and other facilities for the operation of local, state, or federal government.

2.

Accessory Uses: Accessory uses include storage, maintenance and fueling facilities, satellite offices, and parking areas.

3.

Examples: Examples include government offices, government/public buildings, government/public land, jails, City Hall, maintenance facilities, fire, police, and emergency medical and ambulance stations, detention centers, lifeguard services, and post offices.

4.

Exceptions:

a.

State, county or city parks are classified as Parks and Open Space.

b.

Water and wastewater facilities, gas, electric and other infrastructure services — whether public or private — are classified as Utilities.

c.

Waste and recycling services are classified as Waste-Related Services.

C.

Educational Facilities:

1.

Characteristics: This category includes public and private schools at the primary, elementary, middle, junior high, or high school level that provide state-mandated basic education. This category also includes colleges and other institutions of higher learning that offer courses of general or specialized study that lead to a degree. Colleges tend to be in campus-like settings or on multiple blocks.

2.

Accessory Uses: Accessory uses at schools include play areas, cafeterias, temporary classroom buildings, recreational and sport facilities, auditoriums, and before-or-after school day care. Accessory uses at colleges include offices, housing for students, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, and maintenance facilities.

3.

Examples: Examples include public and private daytime schools, boarding schools, military academies, universities, colleges, community colleges, business school, trade and vocational schools, nursing and medical schools that are not accessory to a hospital, and seminaries.

4.

Exceptions:

a.

Preschools not affiliated with and attached to primary schools are classified as Day Care uses.

b.

Learning centers and other similar facilities that do not provide a state-mandated curriculum are classified as Retail Sales and Service.

D.

Parks and Open Areas:

1.

Characteristics: Parks and open areas focus on natural areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, and public squares. These areas tend to have few structures.

2.

Accessory Uses: Accessory uses include club houses, maintenance facilities, administrative offices for city park personnel, police substations, concessions, single-family and two-family caretaker's quarters, and parking.

3.

Examples: Examples include parks, shoreline protection areas, beach accesses, publicly-owned golf courses, public swimming pools, public tennis courts, publicly-owned ballfields and basketball courts, cemeteries, open space, public squares, plazas, recreational trails, historically significant sites and structures, botanical gardens, nature preserves, and wildlife refuges.

4.

Exceptions: Privately owned facilities, such as golf courses, tennis courts, pools, etc. are classified as Entertainment uses.

The following additional standards apply to the approval and development of projects where the use is listed in the "Table of Permitted Uses" in Section 3.2 as Conditional (C), Special Exception (SE), or T4-Neighborhood Artisan (A). In addition, any Building Design standards, as set forth in Article 4, apply as applicable.

A.

Civic Facilities: The size of structures shall be limited to a 2,500 square foot footprint.

B.

Educational Facilities:

1.

School, College/University/Trade/Vocational:

a.

Site Design: Campuses must be designed to address the public realm with either buildings or public spaces. Service areas and parking must be screened from the street.

b.

Specific to LI: Trade/Vocational schools and branches of College/University facilities are permitted if they relate to an Industrial function that is permitted in this district.

2.

Schools (Public or Private):

a.

Neighborhood Connectivity: Vehicular and pedestrian connectivity to surrounding residential areas is required. Where a full vehicular connection is impractical, a multi-use trail connection shall be provided.

b.

On-Site Circulation: Pedestrians and bicyclists must have a designated safe path between the adjacent roads, school drives, parking areas, and the school building.

c.

Temporary Classrooms: The siting of all temporary classrooms shall be approved by the Administrator.

d.

Lot Size Minimum: 20,000 square feet.

e.

Location, Specific to T3 and T4-HN: No structure on the property may be closer than 25 feet to any internal side or rear property line if adjacent to T3 or T4-HN zoning district.

C.

Parks and Open Space:

1.

Cemetery:

a.

Size: Minimum of 1 acre.

b.

Accessory Uses: One dwelling unit for a caretaker is permitted on-site as an accessory use. No crematorium shall be permitted.

A.

Community Service:

1.

Characteristics: Community Services are uses of a public, nonprofit, or charitable nature that provide a local service to people of the community. Typically, they provide the service on-site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities that have membership provisions must be open to the general public to join at any time (for instance, any senior citizen could join a senior center). The use may provide special counseling, education, or training of a public, nonprofit, or charitable nature. Overnight stays are not permitted in these facilities.

2.

Accessory Uses: Accessory uses include offices, meeting areas, food preparation areas, parking, health and therapy areas and athletic facilities.

3.

Examples: Examples include senior centers, community centers, public information facilities, visitors' center, civic/business association, the Salvation Army, youth club facilities, and hospices and social service facilities.

4.

Exceptions:

a.

Private lodges, clubs, and private or commercial athletic or health clubs are classified as Retail Sales and Service.

b.

Parks are classified as Parks and Open Areas.

c.

Uses where tenancy is arranged on a month-to-month basis or for a longer period are residential and are classified as Household or Group Living.

B.

Day Care:

1.

Characteristics: Day care uses provide care, protection, and supervision for children or adults on a regular basis, away from their primary residence, for less than 24 hours per day.

2.

Accessory Uses: Accessory uses include offices, recreation areas and parking.

3.

Examples: Examples include preschools, nursery schools, child care centers, latch key programs, and adult day care programs.

4.

Additional Standards: A Family Day Care Home, where in-home care for six or fewer individuals is provided, is considered a minor home occupation (accessory use) and is subject to the standards of Section 3.3.2 D.

5.

Exceptions: Day care does not include preschools operated within public or private schools, or facilities operated in connection with an employment use, shopping centers, or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity.

C.

Health Care Facilities:

1.

Characteristics: Health care facilities include uses that provide medical or surgical care to patients, and offer overnight care.

2.

Accessory Uses: Accessory uses include outpatient clinics, offices, meeting areas, cafeterias, laundries, parking, maintenance facilities, educational facilities and housing facilities for staff or trainees.

3.

Examples: Examples include medical centers, hospitals, health center, and medical laboratories and clinics.

4.

Exceptions:

a.

Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are classified as Treatment Centers.

b.

Medical clinics that provide care where patients are generally not kept overnight are classified as Offices.

D.

Treatment Centers:

1.

Characteristics: Residential care facilities provide a variety of services, including housing and care related to treatment programs.

2.

Accessory Uses: Accessory uses include club houses, maintenance facilities, administrative offices, police substations, concessions, single-family and two-family caretaker's quarters, and parking.

3.

Examples: Examples include some group homes for the physically disabled, mentally disabled or emotionally disturbed, homeless shelters, some residential programs for drug and alcohol treatment, and alternative or post-incarceration facilities.

4.

Exceptions: Congregate care facilities where individual units meet the definition of a dwelling unit are classified as Household Living.

E.

Religious Institutions:

1.

Characteristics: Religious institutions primarily provide meeting areas for religious activities.

2.

Accessory Uses: Accessory uses include Sunday school facilities, playgrounds, child care while parents or guardians are on the premises, parking, cemeteries, caretaker's housing, and group living facilities such as convents, fairs and bazaars up to 3 days, health and therapy areas, and other use directly related to the mission of religious institutions, whether or not such uses require a business license, on the condition that such uses are located in a building owned by a religious institution.

3.

Examples: Examples include churches, temples, synagogues and mosques.

4.

Exceptions:

a.

Preschools and infant day care are classified as Day Care uses.

b.

Schools are classified as Schools.

The following additional standards apply to the approval and development of projects where the use is listed in the "Table of Permitted Uses" in Section 3.2 as Conditional (C), Special Exception (SE), or T4-Neighborhood Artisan (A). In addition, any Building Design standards, as set forth in Article 4, apply as applicable.

A.

Day Care Facility:

1.

Specific to T4-HN: All day care facilities, except for Family Day Care Home, shall be owned and operated by Religious Institutions or Community Service Facilities.

2.

Specific to T4-N:

a.

Number: Limited to one per block (300 feet radius).

b.

Buffering: A landscaped hedge or fence at least 4 feet in height shall be provided along any rear or side property line adjoining existing single-family residential development.

3.

Exception: Family Day Care Home (6 or fewer clients) is considered a Home Occupation-Minor. See Section 3.3.2 D.

B.

Religious Institution:

1.

Lot Size Minimum: 20,000 square feet.

2.

Location, Specific to T3 and T4-HN: No structure on the property may be closer than 25 feet to any internal side or rear property line if adjacent to T3 or T4-HN zoning district.

A.

Entertainment:

1.

Characteristics: Entertainment uses are large, generally commercial uses that provide continuous recreation or entertainment-oriented activities.

2.

Accessory Uses: Accessory uses include restaurants, concessions, parking, and maintenance facilities.

3.

Examples: Examples include indoor continuous entertainment activities, such as bowling alleys, game arcades, pool halls, dance halls, banquet facilities, indoor firing ranges, theaters, private membership clubs and lodges, health clubs and gyms, privately-owned golf courses, privately-owned marinas, miniature golf facilities, privately-owned swimming pools, privately-owned tennis facilities (indoor and outdoor), and privately-owned active sports facilities (indoor and outdoor), such as ballfields and basketball courts.

4.

Exceptions:

a.

Exhibition and meeting areas with less than 20,000 square feet of total event area are classified as Retail Sales and Service.

b.

Publicly owned recreational facilities, such as golf courses and tennis courts, are classified as Parks and Open Areas.

B.

Office:

1.

Characteristics: Office uses are characterized by activities conducted in an office setting and generally focus on business, government, professional, medical, or financial services.

2.

Accessory Uses: Accessory uses include cafeterias, health facilities, parking for vehicles classified as light duty vehicles (8,500 pounds or less), or other amenities that are primarily for the use of employees in the firm or building.

3.

Examples: Examples include professional services such as lawyers, accountants, engineers, and architects, medical offices for doctors, psychologists, acupuncturists, physical therapists and dentists, emergency medical care offices, financial businesses such as lenders, brokerage houses and financial planners, insurance agencies, real estate agencies, data processing offices, sales offices, public utility offices, radio and television studios, medical and dental clinics and labs, and blood collection facilities.

4.

Exceptions:

a.

Offices that are part of and located with a principal use in another category are considered accessory to the firm's primary activity. Headquarters offices, when in conjunction with or adjacent to a principal use in another category, are considered part of the other category.

b.

Contractors and others who perform services off-site are included in the Office category if there is no parking of vehicles over 8,500 pounds on the site, if equipment and materials are not stored outside, and if and fabrication, services, or similar work is not carried on at the site.

C.

Overnight Guest Accommodations:

1.

Characteristics: Overnight guest accommodations are dwelling units arranged for short-term stays of less than 30 days for rent, lease, or interval occupancy.

2.

Accessory Uses: Accessory uses include pools and other recreational facilities, parking, limited storage, and offices.

3.

Examples: Examples include bed and breakfast establishments, hotels, motels, inns, short-term rentals, and interval occupancy facilities, central reception, and check-in facilities.

D.

Retail and Restaurants:

1.

Characteristics: Restaurants are establishments that sell food and beverages for consumption on- or off-premises. Retail sales and service businesses are involved in the sale, lease, or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods.

2.

Accessory Uses: Accessory uses include decks and patios, and outdoor cooking (for restaurants), offices, storage of goods, manufacture or repackaging of goods for on-site sale, and parking.

3.

Examples: Examples include uses from six groups:

a.

Sales-Oriented: Stores selling, leasing, or renting consumer, home and business goods including art, art supplies, bicycles, books, candy, clothing, dry goods, antiques, hobby supplies, tobacco, toys, drugs/pharmacy, electronic equipment, fabric, florist, furniture, garden supplies, gifts, groceries, hardware, hats, health food, home improvements, household products, jewelry and watches, liquor, magazines, music, newspapers, pets, pet food, photographic supply/cameras, plants, produce, stationary, shoes and videos, and food.

b.

Personal Service-Oriented: Banks and savings and loans, bakeries, barber/beauty shop, body piercing, catering establishments, locksmith/gunsmiths, dry cleaning and laundry drop-off, funeral homes, mortuaries, laundromats, photographic studios, photocopies, photo development and drop-off, quick-print and blueprint services, tanning and personal care services, tattoos, martial arts facilities, acting, art, dance or music classes, secretarial/answering services, taxidermists, animal hospitals, kennels and veterinarians.

c.

Repair-Oriented: Repair of TVs, bicycles, clocks, watches, shoes, guns, canvas products, appliances and office equipment, alterations and tailoring establishments, locksmith, and upholsterer.

d.

Artisan-Oriented: Preparation, display, classes/education, performance- and sale of individually crafted artwork and visual and performing arts such as, jewelry, furniture, sculpture, pottery, leathercraft, textiles, drawing, photography, music, theater, painting, sculpture and writing.

e.

Trail-Related: This limited subset of Retail Sales and Service specifically caters to the Spanish Moss Trail. Retail uses include the sale, rental, and/or repair of outdoor recreational equipment, goods, or clothing.

f.

Restaurants: Includes sit-down restaurants, cafes, coffee shops, drive-ins, fast food establishments, microbreweries, craft distilleries, pubs, yogurt or ice cream shops, and pizza delivery.

4.

Exceptions:

a.

Laundry and dry-cleaning plants, and self-service storage facilities, are considered Light Industrial Services.

b.

Lumber yards and other building material sales that sell primarily to contractors and do not have a retail orientation are classified as Wholesale Sales.

c.

Repair and service of consumer motor vehicles, motorcycles and light and medium trucks is classified as Vehicle Service.

d.

Restaurants with drive-thrus are classified as Drive-Thru Facility uses. Restaurants located in T4-NA are considered Trail-Related uses. Food trucks are classified as Temporary Uses.

The following additional standards apply to the approval and development of projects where the use is listed in the "Table of Permitted Uses" in Section 3.2 as Conditional (C), Special Exception (SE), or T4-Neighborhood Artisan (A). In addition, any Building Design standards, as set forth in Article 4, apply as applicable.

A.

Entertainment Uses (Indoor and Outdoor):

1.

Specific to T3: Indoor and outdoor entertainment are permitted if the property is owned by a neighborhood association or property owners' association, and if the use is owned and managed by that association.

2.

Specific to T4-N: Indoor Entertainment shall be limited to 2,500 SF unless it is part of a mixed-use development.

3.

Specific to T4-N and T5-UC: Outdoor Entertainment is permitted on parcels 7 acres or larger.

B.

Sexually-Oriented Businesses: See Section 13.2.1.

C.

Overnight Guest Accommodation:

1.

Bed and Breakfasts (B&B):

a.

Number of Rental Rooms: 10 maximum, not including the caretaker's quarters.

b.

Signs: Total sign area for all signs advertising the B&B shall not exceed 5 square feet. All signs shall be constructed of wood or other durable non-plastic materials.

c.

Parking: One space per room, plus 1 space for the resident manager shall be provided on-site. Formalized on-street parking spaces meeting the requirements of Section 5.7.4 B. may count towards this requirement.

d.

Spacing: There shall be no other B&B in a T3 or T4-HN zoning district located within 500 feet of a proposed B&B in either of these districts. Distances shall be measured from the property line.

e.

Meals: No meals will be served to anyone other than registered guests, except as provided for in Section 3.6.2 C.1.f. below. No variances from this condition shall be permitted.

f.

Events: Business meetings, receptions, teas, and other events are permitted, provided that the events are hosted for registered guests. This shall apply to all B&Bs established under the Beaufort Code.

g.

Operation: B&Bs shall be operated by a resident manager living on the premises.

2.

Short Term Rental:

a.

Specific to T3-S, T3-N, and T4-HN: Short term rentals, where the owner does not live on the premises, are limited to 6% of the lots in the neighborhood as shown on the City of Beaufort Neighborhoods Map zoned T3-S, T3-N, and/or T4-HN with the following exceptions:

i.

Structures on the City's List of Vacant and Abandoned Structures being rehabilitated for use as a short term rental; and

ii.

Short term rentals are prohibited in The Point neighborhood, as shown on the City of Beaufort Neighborhoods Map.

b.

Minimum Stay: 2 nights.

c.

Permitted Rental Types:

i.

Rental of the primary dwelling.

ii.

Rental of an accessory dwelling.

iii.

Rental of a portion of a primary dwelling.

iv.

Rental of a boat in an approved marina.

d.

Parking: Parking shall be provided on-site and located to the side or rear of the dwelling. On-site parking shall be clearly delineated with an improved surface such as pavement, gravel, or another method approved by the administrator. If formalized parking is provided on the street(s) adjacent to the primary or accessory unit, this may be utilized in lieu of on-site parking.

e.

Rental Agreement: The applicant shall provide a copy of the rental agreement that will be used. The rental agreement shall specify the following:

i.

The minimum stay.

ii.

The maximum number of guests—which shall be based on the number of beds in the unit. For Primary house rentals, the number of adult guests is limited to 2 per bedroom. For Carriage House rentals, the total number of adult guests is limited to 4.

iii.

The maximum number of vehicles permitted at the unit—which shall be based on the number of bedrooms and the design of the driveway. For Primary house rentals, the number of vehicles is limited to 1 per bedroom. For Carriage House rentals, the total number of adult guests is limited to 2.

iv.

Where guests are to park. Where no formalized on-street parking is available, the agreement shall specify that guests are to park on-site and not in the street.

v.

That the City's noise ordinance applies between 9:00 p.m. and 8:00 a.m.

vi.

Prohibit large gatherings such as weddings and reunions unless specifically approved by the City.

vii.

Pets, if permitted, are not to be left outside unattended.

f.

Property Management Plan: A property management plan shall be developed and approved by the administrator. The property management plan shall identify a property manager. Where the property owner does not live on the premises, the property manager must be available to appear on the premises to respond a complaint within three hours of being notified by the administrator. Where the property owner lives on the premises, a back-up property manager must be identified unless the owner certifies the unit will not be rented when the owner is out of town. The administrator shall be notified when management of the unit changes. Failure to comply with the approved property management plan shall result in the revocation of the zoning permit (Section 9.4).

g.

Signs: No on-site signs shall be permitted.

h.

Rental Rules: Rental rules, including use of the sanitation and recycling roll-carts, and emergency contact information including the police non-emergency number, shall be posted in a conspicuous location in the unit.

i.

Monitored Fire Alarm: A monitored fire alarm is required for all units except boats. Boats are required to provide documentation that a Coast Guard Auxiliary Safety Vessel Check has been performed is required. The Vessel Safety Check can be arranged through this link: http://www.cgaux.org/vsc. Existing facilities not meeting this requirement shall be brought into conformance within 6 months of the date of adoption of this Code.

j.

Outside Approvals Required: For properties located in a neighborhood with a property owners' association, written confirmation from the association president that short-term rentals are permitted in the neighborhood is required. In multifamily structures, written approval from the property management association is required. For boats in an approved marina, written permission from the marina manager is required.

k.

Safety Inspection and Licensing: A Safety Inspection shall be conducted before the Business License for the facility is issued. The facility shall comply with all business license, revenue collection, and health laws of the City of Beaufort, Beaufort County and the State of South Carolina.

l.

Unlicensed Units: For units that are found to be operating without approval of the City, the short term rental application fee shall be $1,000. If the property owner chooses not to submit a short term rental application within 60 days of being notified by the City of being in violation of the ordinance, a short term rental application shall not be approved for a period of 2 years.

3.

Inn/Hotel/Motel:

a.

Specific to T4-N:

i.

Inns up to 10 rooms are permitted.

ii.

Inns with 11—24 rooms are permitted in retail frontage overlay areas.

b.

Specific to T4-NA: This use is prohibited.

D.

Retail and Restaurants:

1.

Specific to T4-N only: Except for Animal Hospitals/Kennels, Restaurants and Retail are permitted only in Retail Frontage Overlay Districts, and in the T4-NA district per the conditions below. Animal Hospitals/Kennels shall follow the Conditions for T5-UC.

2.

Specific to T4-NA: The only types of general retail/service uses permitted are Artisan-Oriented and Trail-Related uses. The following conditions apply:

a.

Freestanding signs are limited to one per lot, with a maximum size of 5 square feet.

b.

No outside amplified music is permitted.

c.

No alcohol sales are permitted.

d.

New construction and exterior changes to existing structures to accommodate such uses shall be subject to Article 4 (Building Design and Infill Standards) of this Code.

e.

Specific to trail-related uses:

i.

The floor area of each tenant space is limited to 2,500 square feet.

ii.

On-site parking shall be provided at the rate of 1 space per 300 square feet.

iii.

The hours of operation shall be limited to between 7:00 a.m. and 6:00 p.m. EST, 7:00 p.m. EDT.

iv.

Any use that includes outdoor seating shall have a trash container available for disposal of goods consumed on the premises.

3.

Specific to T5-UC: Animal Hospitals/Kennels are permitted with the following Conditions:.

a.

Outdoor Activity: Outdoor activity is permitted during daylight hours; animals must be boarded indoors at night.

b.

Permitted Accessory Uses: Boarding, retail sales, and grooming services are permitted.

4.

Specific to T5-DC: Animal Hospitals/Kennels are not permitted.

5.

Specific to IC: General retail/service uses are not permitted along Highway 170 west of W.K. Alston Drive.

(Ord. No. O-24-1, 9-26-2017)

A.

Parking, Commercial:

1.

Characteristics: Commercial parking facilities provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a commercial parking facility.

2.

Accessory Uses: Small structures intended to shield parking attendants from the weather are considered an accessory use.

3.

Examples: Examples include municipal and other public garage or surface parking, short- and long-term fee parking facilities, private property where the sole use is parking, and mixed parking lots (partially accessory to a specific use and partly for rent to others).

4.

Exceptions:

a.

Parking facilities that are accessory to a principal use, but that charge the public to park for occasional events nearby, are not considered commercial parking facilities.

b.

Parking facilities that are accessory to a principal use are not considered commercial parking uses, even if the operator leases the facility to the principal use or charges a fee to the individuals who park in the facility.

c.

Public transit park-and-ride facilities are classified as Major Utilities.

d.

Dry boat storage is not permitted in Commercial parking lots. It is considered self-service storage, in the Limited Industrial Services category, when it is a primary use.

B.

Vehicle and Boat Sales and Rental

1.

Characteristics: Boat/Vehicle Sales and Service uses provide direct services to motor vehicles and boats. They also may include businesses that service passenger vehicles, light and medium trucks, and other consumer vehicles/boats such as motorcycles and pleasure watercraft.

2.

Accessory Uses: Accessory uses may include offices, sales of parts and vehicle/boat storage.

3.

Examples: Examples include sales or leasing of consumer vehicles including passenger vehicles, motorcycles, scooters, golf carts, light and medium trucks and other recreational vehicles, taxi dispatchers, limousine services, and boat dealerships.

4.

Exceptions: Refueling facilities for vehicles that belong to a specific use (fleet vehicles) are considered accessory uses if they are located on the site of the principal use.

C.

Vehicle Service and Repair:

1.

Characteristics: Vehicle Service and Repair provides direct services to motor vehicles and boats. They also may include businesses that service passenger vehicles, light and medium trucks, and other consumer vehicles/boats such as motorcycles and pleasure watercraft.

2.

Accessory Uses: Accessory uses include offices, sales of parts and vehicle/boat storage.

3.

Examples: Examples include quick lubrication services, tire services, and similar facilities with one-hour service, full-service, vehicle repair shops, transmission or muffler shops, towing services, auto body shops, alignment shops auto upholstery shops, auto detailing, and tire sales and mounting.

D.

Drive-Thru Facilities:

1.

Characteristics: A primary or accessory facility where goods or services may be obtained by motorists without leaving their vehicles.

2.

Accessory Uses: Drive-thrus may be accessory uses attached to the examples listed below.

3.

Examples: Examples include drive-thru bank teller windows, dry cleaners, fast-food restaurants, coffee shops, photo stores, pharmacies, etc. The category does not include freestanding ATMs, gas station fuel pumps, or other vehicle services, which are separately defined.

E.

Passenger Terminals:

1.

Characteristics: Aviation and surface passenger terminals include facilities for the landing and takeoff of airplanes and helicopters, including loading and unloading areas. Aviation facilities may be improved or unimproved. Aviation and surface passenger terminals also include passenger terminals for bus service.

2.

Accessory Uses: Accessory uses include freight handling areas, concessions, offices, parking, and maintenance and fueling facilities.

3.

Examples: Examples include airports, bus passenger terminals, and helicopter landing facilities.

4.

Exceptions:

a.

Bus passenger stations for local service such as mass transit stops and park-and-ride facilities are classified as Basic Utilities.

b.

Private helicopter landing facilities that are accessory to another use may be considered accessory uses, subject to all the regulations and approval criteria for helicopter landing facilities.

F.

Water- and Marine-Oriented Facilities:

1.

Characteristics: These are facilities for embarking on and disembarking from boats, ferries and water taxis.

2.

Accessory Uses: Accessory uses include boat fueling, pump-out facilities, docks, boat house walkways, water- or marine- oriented retail, parking areas, dry boat storage facilities, boat servicing areas, offices, watercraft rentals, and ticket sales.

3.

Examples: Examples include marinas, docking facilities, boat ramps, and facilities for tour boats.

4.

Exceptions: When watercraft sales and rentals are the primary use of a parcel, the use is classified as Vehicle and Boat Sales and Rental. Residential and community docks are classified as Accessory Uses to residential.

The following additional standards apply to the approval and development of projects where the use is listed in the "Table of Permitted Uses" in Section 3.2 as Conditional (C), Special Exception (SE), or T4-Neighborhood Artisan (A). In addition, any Building Design standards, as set forth in Article 4, apply as applicable.

A.

Vehicle and Boat Sales and Rental:

1.

General Provisions:

a.

Parking: No vehicles or boats shall be parked in public rights-of-way.

b.

Outdoor Display: No vehicles shall be displayed with their hoods open, except in the display building, which shall be an enclosed structure. Balloons, spinners, pennants, banners, and other wind-blown devices are prohibited.

c.

Orientation and Screening: Service bay doors shall be located perpendicular to the road fronting the site and shall be screened from all other streets and adjacent residential development.

d.

Setbacks: When vehicular use/storage areas are between 50-75 feet from the Critical Line, pervious paving shall be required, and the stalls shall not slope towards the Critical Area.

e.

Outdoor Intercoms: Outdoor amplification of sound (e.g., loudspeakers) shall not be audible beyond the property lines.

f.

Orientation: The structure shall be street-oriented, with pedestrian entrances from the street.

g.

Exceptions: When rental of watercrafts are an accessory use to a Water- and Marine-Oriented Facilities, the provisions above do not apply.

2.

Specific to T5-UC: Limousine and Taxi Services are only permitted as accessory uses to offices housing the business operation. All vehicles associated with the business shall meet the setback and screening standards for a parking lot.

B.

Drive-thru Facilities:

1.

Design Review: Drive-thru facilities include any building with an external window or station for the purpose of providing services to a person in an automobile. All new drive-through facilities shall be subject to the following standards.

a.

Service Window Location: The drive-thru window shall not be located on the facade of the building facing any Primary Street frontage. In mid-block and alley-accessed locations, the drive-thru service windows must be located in the rear of properties.

b.

Drive-Thru Lane Location: Drive-thru lanes shall not circulate around any Primary Street frontage.

i.

Specific to T5-UC: Drive-thru lanes shall not be visible from any Primary Street frontage. Where the lot configuration makes it impossible to screen the drive-thru lane from the primary street with the building, opaque fencing or vegetation may be permitted to fulfil this requirement, provided all other standards of the ordinance are met.

c.

Stacking: There shall be no minimum or maximum stacking requirements for vehicles; however they must meet the standard in 3.7.2.B.1.b above.

d.

Menu Board: One outside menu or order board is permitted, with a maximum of 24 square feet in size and a maximum height of 8 feet above grade.

C.

Fuel Sales/Car Wash:

1.

Location: No more than 2 fuel sales facilities are permitted at an intersection of any Major Thoroughfare with another Major Thoroughfare (See Section 7.2.3 C.2 for a definition). No more than 1 fuel sales facility is permitted at the intersection of other streets, where neither is a Major Thoroughfare.

2.

Accessory Uses:

a.

Site Storage and Service Areas: No open storage of any type, including the overnight storage of vehicles, shall occur in conjunction with the operation. Service areas, storage areas, and refuse enclosures shall be oriented away from public view and screened from adjacent sites.

b.

Vacuums: Vacuum stations and similar equipment are prohibited on the sides of the principle structure abutting a Primary Street frontage or a residential use.

c.

Vending: ATMs and other vending machines shall be located within the primary retail building. Where this is not possible — e.g. propane tanks — the sales display shall be screened from any right-of-way or public access drive.

3.

Design Standards: See Section 4.5.12.

D.

Vehicle Services and Repair:

1.

Buffer: Parking and/or service areas shall be separated from adjoining residential properties by a planting screen, fence, or wall between 6 and 8 feet in height.

2.

Noise: No objectionable sound, vibration, heat, glare, or electrical disturbance shall be created that is perceptible beyond the premises. Orientation: The bay doors to the garage shall not be oriented toward the public right-of-way.

3.

Placement along Water Frontage: Structures and vehicular use/storage areas shall be set back a minimum of 75 feet from the OCRM Critical Line.

4.

Outdoor Activities Prohibited: All operations and storage of parts shall be within a fully enclosed building.

5.

Screening: Any wrecked vehicles stored on the site shall be located within a fully enclosed building or shall be stored behind the front building line, and shall be completely screened (100% opacity) from the street and adjoining properties using natural buffers, fencing, buildings, or a combination thereof. Chain link fencing shall not be permitted as a screening material if the fence will be visible from any right-of-way or parking area.

a.

Specific to T5-UC: Any Wrecked Vehicles stored on-site during nonbusiness hours shall be contained in a fully enclosed building.

6.

Specific to T4-N: This use is limited to facilities that provide one-hour service, where customers typically wait for the vehicle and cars are not stored overnight on-site.

7.

Specific to T4-NA:

a.

This use is permitted within existing buildings only.

b.

Rear setback is increased to 25 feet when adjacent to a T3 zoning district.

8.

Specific to T5-UC: This use is not permitted in the Historic District.

E.

Parking, Commercial Surface: When commercial surface parking lots are located along a Retail Frontage Overlay zone in T4-N district, or along a Primary Street — as designated in the Street Hierarchy Diagram in Appendix C.2 — in any T5 districts, they shall be screened from the street by a liner building.

F.

Passenger Terminal: Passenger terminals are limited to bus terminals.

A.

Aviation Service:

1.

Characteristics: Aviation service businesses engage in storage, repair, or servicing of airplanes, helicopters, and related aviation equipment, charter aviation services, flying-related education, and warehousing related to air shipping.

2.

Accessory Uses: Accessory uses include offices, parking, warehousing and storage.

3.

Examples: Examples include private airports, fixed base operators, flying schools, and air shipment warehouses.

4.

Exceptions:

a.

Car rental agencies associated with commercial air travel are classified as Passenger Terminals.

b.

Warehousing not associated with air shipping is classified as Warehousing and Freight Movement.

B.

Light Industrial Service:

1.

Characteristics: Light Industrial Service businesses are engaged in the storage, repair or servicing of industrial, business, or consumer machinery, equipment, and products or by-products. Businesses that service consumer goods do so mainly by providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Except for self-service storage facilities, few customers, especially the general public, come to the site.

2.

Accessory Uses: Accessory activities may include offices, parking, retail, living quarters for a resident manager, rental of trucks or equipment, and outside storage of boats and campers.

3.

Examples: Examples include welding shops, machine shops, tool repair shops, electric motor repair shops, shops providing repair of scientific or professional instruments, building, heating, plumbing or electrical contractors, newspaper publishing plants, printing and lithography services, exterminators, janitorial and building maintenance services, fuel oil distributors, research, testing and development laboratories, laundry, dry cleaning and carpet cleaning plants, photo-finishing laboratories, self-service storage (syn. mini-warehouses) buildings, and dry boat storage.

4.

Exceptions:

a.

Contractors and others who perform services off-site are included in the Office category, if major equipment and materials are not stored on-site and fabrication or similar work is not carried on at the site.

b.

Storage areas are designed to allow private access by the tenant for storing or removing personal property. A transfer and storage business where there are no individual storage areas, or where employees are the primary movers of the goods to be stored or transferred, is considered Manufacturing and Production Services.

c.

Storage bays shall not be used to manufacture, fabricate, or process goods, to service or repair vehicles, small engines or electrical equipment, or to conduct similar repair activities, garage sales or retail sales of any kind, or any other commercial or industrial activity on the site. They shall not be considered premises for the purpose of assigning a legal address.

C.

Manufacturing and Production Services:

1.

Characteristics: Manufacturing and production services businesses are involved in the manufacturing, processing, fabrication, packaging, assembly, warehousing and freight movement, and wholesale sales of goods. Natural, man-made, raw, secondary or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for Businesses or consumers. Goods are generally not displayed or sold on-site, but if so, they are a subordinate part of sales. Warehouse and freight movement may store and move goods made on site or for other businesses. Wholesale sales businesses are primarily involved in the sale, lease, or rental of products intended for industrial, institutional or commercial business use. While a limited a mount of customers may visit these facilities to view production, make will-call pick-ups or purchase directly from producers, relatively few customers come to the manufacturing and production services site.

2.

Accessory Uses: Accessory activities may include offices, cafeterias, parking, retail, restaurants, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets and associated parking and maintenance areas, repackaging of goods, and caretaker's quarters.

3.

Examples: Examples include manufacturing, processing, assembly and storage operations, processing of food and related products including seafood, woodworking, including cabinet makers, production of chemical, rubber, leather, clay, bone, plastic, stone or glass materials or products, movie production facilities, concrete batching and asphalt mixing, production or fabrication of metals or metal products including enameling and galvanizing, manufacture or assembly of equipment and instruments, including musical instruments, appliances, precision items, and other electrical items, production of artwork and toys, sign-making, separate warehouses used by retail stores, such as for storage of materials and equipment, truck terminals, furniture and appliance storage, household moving and general freight storage, cold storage plants, including frozen food lockers, parcel services, stockpiling gravel or other aggregate materials, sale or rental of merchandise, machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures, mail order houses, and wholesalers of food, clothing, auto parts and building hardware.

4.

Exceptions:

a.

Business[es] that sell or [manufacture] goods to be sold primarily on-site and to the general public, or on a membership basis, are classified as Retail Sales and Service.

b.

Manufacturing, production, transfer, or storage of solid or liquid wastes, or goods derived from composting organic material is classified as Waste Related Service.

c.

Mini-warehouses are classified as self-service storage and is included in the Light Industrial Services use category.

D.

Waste-Related Service:

1.

Characteristics: Waste-Related Services are characterized by uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material.

2.

Accessory Uses: Accessory uses may include recycling of materials, offices, and repackaging and transshipment of by-products.

3.

Examples: Examples include waste transfer or composting and recycling centers.

4.

Exceptions: Disposal of dirt, concrete, asphalt, and similar non-decomposable materials is considered "fill."

The following additional standards apply to the approval and development of projects where the use is listed in the "Table of Permitted Uses" in Section 3.2 as Conditional (C), Special Exception (SE), or T4-Neighborhood Artisan (A). In addition, any Building Design standards, as set forth in Article 4, apply as applicable.

A.

Light Industrial Services:

1.

Specific to T4-NA: Rear setback is increased to 25 feet minimum when adjacent to a T3 zoning district.

2.

Specific to Self-Service Storage:

a.

Screening: Self-service storage must be screened from public rights-of-way with fencing (per 3.6.2.D.3.F) and/or vegetation, or be located behind another building that would provide appropriate screening. Where fencing and/or vegetation is used, it must meet the requirements for parking lot screening, as set forth in 5.7.8.A. An office component of the building may be used to screen the storage bays from the right-of-way.

b.

Specific to T4-NA: This use is permitted in existing buildings only.

c.

Specific to T5-UC and RMX: Such use shall be setback a minimum of 300 feet from the public right-of-way, with the following exceptions:

i.

Multi-Story: Multi-story structures, with two or more habitable floors, may comply with the standard setbacks if the ground floor contains an office and/or retail component and meets all of the design standards in Section 4.6.

ii.

Liner Building: If a Liner Building exists between the storage units and the right-of-way, these uses may be located less than 300 [feet] from the public right-of-way. See Section 4.5.9 for more requirements and standards for Liner Buildings.

d.

Building Appearance:

i.

Garage doors serving individual storage units shall be perpendicular to a public or private street, so as to not be visible from adjacent streets.

ii.

Perimeter or exterior walls visible from a public street or detached residential dwelling shall not include metal as a primary material.

e.

Fencing:

i.

Fences shall be between 6 and 8 feet tall.

ii.

Wooden entry gates without sufficient structural support are prohibited.

3.

Operation:

a.

No more than one security or caretaker quarters may be developed on the site.

b.

Except for RVs, including boats, all property stored on the site shall be contained entirely within enclosed buildings.

B.

Manufacturing and Production Services:

1.

Specific to T4-NA: Rear setback is increased to 25 feet minimum when adjacent to a T3 zoning district.

2.

Access and Circulation: Businesses that primarily provide wholesaling and distribution services use shall have direct access onto an arterial or major collector road.

3.

Specific to RMX, Separation: The use shall be located at least 500 feet from any T3 or T4 zoning district (or equivalent within the County), or any IC district parcel that contains residential dwelling units.

4.

The operation of the facility shall not become a nuisance to surrounding property owners.

A.

Telecommunications Facilities:

1.

Characteristics: Telecommunications facilities include all devices, equipment, machinery, structures, or supporting elements necessary to produce non-ionizing electromagnetic radiation within the range of frequencies from 100 KHz to 300 GHz and operating as a discrete unit to produce a signal or message. Facilities may be self-supporting, guyed, or mounted on poles, other structures, light posts, power poles, or buildings. Facilities also include intertie and interconnection translators, connections from over-the-air to cable, fiber optic, or other landline transmission system.

2.

Accessory Uses: Accessory use include transmitter facility buildings.

3.

Examples: Examples include broadcast towers, communication towers and point-to-point microwave towers.

4.

Exceptions:

a.

Receive-only antennas are not included in this category.

b.

Radio and television studios are classified in the Office category.

c.

Radio and television broadcast facilities that are public safety facilities are classified as Basic Utilities.

B.

Infrastructure/Utilities (Major and Minor):

1.

Characteristics: Major utilities are infrastructure services providing City-wide service. Minor utilities are infrastructure services that need to be located in or near the area where the service is provided.

2.

Accessory Uses: Accessory uses include public utility parking and control, monitoring, and data or transmission equipment. Services may be publicly or privately provided.

3.

Examples:

a.

Examples of major utilities include above-ground public utility lines, public utility plants, water towers, waste treatment plants, electrical substations, and telephone exchanges.

b.

Examples of minor utilities include underground public utility lines, public utility substations, water and sewage pump stations, electrical junction boxes, and block- or neighborhood-scale stormwater management facilities. Minor utility uses generally do not regularly have employees at the site.

4.

Exceptions:

a.

Maintenance yards and buildings are classified as Industrial Services.

b.

Utility offices are classified as Offices.

The following additional standards apply to the approval and development of projects where the use is listed in the "Table of Permitted Uses" in Section 3.2 as Conditional (C), Special Exception (SE), or T4-Neighborhood Artisan (A). In addition, any Building Design standards, as set forth in Article 4, apply as applicable.

A.

Major Infrastructure/Utility, Specific to T4-NA: This use may be located in existing facilities only.

B.

Minor Infrastructure/Utility:

1.

Location: Above-ground structures shall be located on interior properties, rather than on properties aligned with other lots that have continuous street frontage. Where this is not possible and the structures must be located on a street, they shall not be located on corners.

2.

Screening and Buffer: Structures greater than 3 feet in height that cannot adhere to the scale, volume, spacing, setback, and typology of existing buildings along fronting streets, shall be designed so they do not have an adverse effect on the streetscape. Treatments may include a wall, landscaping, or architectural design solutions as approved by the Administrator.

3.

Accessory Uses: No office, commercial operation, storage of vehicles, or equipment shall be allowed on the premises.

4.

Signage: No commercial or branding signage is permitted.

5.

Specific to Public Utility Substations:

a.

Screening: Public utility substations shall be enclosed by a wall or fence at least 6 feet in height above finished grade. Opacity requirements shall meet the standards described in Section 5.7.8 A.

b.

Location: Public utility substations shall not be located where visible from a primary public right-of-way. They shall be located internally on a property and screened from the right-of-way with buildings. Where this is not possible and the structures must be located on a street, they shall not be located on corners.

c.

Design: Building design shall comply with the standards of the specific district as outlined in Article 4.

d.

Buffer: A landscaped strip not less than 5 feet in width shall be planted and maintained around the facility.

e.

Accessory Uses: No office, commercial operations, or storage of vehicles or equipment shall be allowed on the premises.

C.

Waste Related Services, Buffer: An additional 10 feet of forested buffer or an 8 foot wall, landscaped with 1 overstory tree per 50 feet, is required around the entire property. If the adjacent property is zoned T3 or T4-HN, both the wall and an additional 25 feet of forested buffer shall be included.

D.

Wireless Communications Facility:

1.

Collocation:

a.

Due Diligence: All applications where wireless communication facilities are not being provided through collocation shall include a collocation study that demonstrates there is not a suitable collocation site that can serve the needs of the user. Placement on existing towers, water towers or other tall structures shall be fully considered prior to making an application for a new tower.

b.

Proximity: When a new tower is proposed within two miles of an existing tower, the applicant will be expected to prove that there is no technologically and structurally suitable space available within the search ring. The applicant shall submit satisfactory written evidence such as correspondence, agreements, contracts, etc., that alternative towers are not available for use. The proposed tower, if approved, shall be either camouflaged or stealth in design.

c.

Speculation Towers: Speculation towers are prohibited.

d.

Quantity of Locations:

i.

All structures less than 125 feet in height shall make provision for at least two locations.

ii.

Towers between 125 feet and 200 feet in height shall have at least four locations.

e.

Expansion: The design of ground structures for new towers shall be such that modular expansion to accommodate collocation is feasible.

2.

Freestanding Towers: The following conditions shall be met before a freestanding telecommunication tower is approved:

a.

Maximum Height:

i.

125 feet for towers with provisions for two or three locations.

ii.

180 feet for towers for provisions for four or more locations.

iii.

In the LI zone, heights over 180 feet will be permitted by Special Exception by the Zoning Board of Appeals, subject to Section 9.13.

b.

Setbacks Requirements:

i.

Collapse Zone (syn. Fall Zone): A collapse zone shall be designed so that tower collapse will occur only within the property owned or leased by the tower company, or controlled by an easement held by the tower company.

ii.

Residential Setback: The tower must be set back a distance of its height plus 50 feet from any residential structure, unless the owner of the structure waives this requirement by a notarized affidavit.

iii.

Critical Line Setback: No tower shall be located within 500 feet, plus one foot for each foot of height of the proposed tower, of the OCRM Critical Line.

c.

Buffer Requirements: A 50-foot forested buffer shall be provided around the entire perimeter of the parent property containing the tower (not just the leased area). If a forested buffer does not exist, a new buffer shall be planted in accordance with the Perimeter Buffer in Section 5.5.1 A. For camouflage and stealth towers, the Administrator may approve a modification of this requirement based on site design.

d.

Lighting Requirements: All towers 150 feet or taller shall be lighted. Lighting shall be in accordance with Federal Aviation Administration (FAA) Advisory Circular AC 70/7460-1K (and all future updates) and FAA Advisory Circular AC 150/5345-43E (and all future updates) and shall be red strobe lights (L-864) at night and medium-intensity flashing white lights (L-865) during daylight and twilight use, unless otherwise required by the FAA. No general illumination shall be permitted. All commercial communication towers approved by the City of Beaufort prior to the adoption of this amendment and operating in conformance with those approvals shall be deemed to be a lawful, nonconforming use and structures and are not subject to these lighting requirements. Status as a lawful nonconforming use of structure under this section shall terminate upon expiration or revocation of a commercial communication tower's permit, or upon any modification to the height of the tower.

e.

Visual Impact:

i.

All applications shall include a visual impact analysis of the proposed tower. The tower shall not adversely affect any historic structure or site.

ii.

The color of the tower and its antennae shall be one that will blend to the greatest extent possible with the natural surroundings, and shall be approved by the Design Review Board.

iii.

Buffer Requirements: A 50-foot forested buffer shall be provided around the entire perimeter of the parent property containing the tower (not just the leased area). If a forested buffer does not exist, a new buffer shall be planted in accordance with the Perimeter Buffer in Section 5.5.1. For camouflage and stealth towers, the Development Review Authority may approve a modification of this requirement based on site design.

iv.

Perimeter Security: The tower shall be appropriately secured by means of a wall, fence, or other device at least 7 feet high; however, razor wire shall not be permitted directly adjacent to a public right-of-way. Fencing shall either be painted or PVC-coated dark green, brown, black, or gray. The immediate perimeter of the fence or wall surrounding the tower and associated structure shall be planted with evergreen shrubs capable of obtaining a height of 12 feet, with a maximum spacing of 10 feet. These plants shall be at least three gallon container plants or 24 inches tall at the time of planting.

f.

Signage: A sign of no more than two square feet shall be mounted in an easily noticeable location, no more than four feet above the ground, providing tower identification and an emergency notification number.

g.

Application Disputes: If disputed evidence occurs in the review of the application, the City may hire, at the developer's expense, a communications expert or engineer of its own choosing to assist in determining the facts.

h.

Abandonment: All towers, antennae, accessory structures, or equipment that is not used for communication purposes for more than 180 days shall be considered abandoned and shall be removed by the owner within 60 days. Removal costs shall be the responsibility of the communications tower owner. The City of Beaufort reserves the right to dismantle any abandoned communications structure and associated equipment that has not been removed within the allotted time period. In that event, the City of Beaufort may retain any and all materials, and dispose, use, or sell said materials unless reimbursed by the communications tower owner within 30 days of being sent an invoice.

3.

Roof-Mounted Telecommunication Towers: The following conditions apply to roof-mounted telecommunication towers:

a.

No tower may be located on any residential structure.

b.

A proposed roof-mounted tower shall not extend more than 20 feet above the highest part of the structure.

4.

Special Exceptions: The Zoning Board of Appeals may approve towers up to 300 feet in height in the Industrial Districts after a public hearing and findings of fact based on the both of the following criteria:

a.

All application requirements and all conditions outlined in Subsection 3.10.5 B. are met.

b.

The applicant has demonstrated that additional height is necessary for service to occupants of an area within the City. The ZBOA has the authority to establish setback requirements and such additional conditions as it deems necessary to remove danger to health and safety, and to protect adjacent property.

A.

Characteristics: Agriculture includes activities that primarily involve producing crops.

B.

Accessory Uses: Accessory uses include dwellings for proprietors and employees of the use and animal training.

C.

Examples: Examples include agricultural farms and horticulture nurseries, forest management and tree farms (silviculture), stables, riding academies, truck gardening and wholesale plant nurseries.

D.

Exceptions:

1.

Processing of animal or plant products that requires commercial trucking for distribution is classified as Manufacturing and Production.

2.

Plant nurseries that are oriented to retail sales are classified as Retail Sales and Service.

The following additional standards apply to the approval and development of projects where the use is listed in the "Table of Permitted Uses" in Section 3.2 as Conditional (C), Special Exception (SE), or T4-Neighborhood Artisan (A). In addition, any Building Design standards, as set forth in Article 4, apply as applicable.

A.

Specific to Forestry:

1.

Acreage:

a.

Specific to T1, T3-S, IC: Parcels must be a minimum of 5 acres.

b.

All other zones: Parcels must be a minimum of 10 acres.

2.

Buffer: No clearing of timber, trees, or understory vegetation will be permitted in the front, side, and rear buffers as established in Section 5.4 (Tree Removal), or within 20 feet of the property line of an adjoining property in a T3 District, except for any road/driveway necessary to serve the property.

3.

Development: No development plan shall be approved within 2 years of the clear-cutting of timber. This applies to properties that were cleared in another jurisdiction and then annexed into the city as well. Exceptions may be granted where all removed trees were specifically planted for harvesting. The applicant is responsible to provide proof of this scenario.

B.

Specific to Agriculture, Horticulture: This use shall be permitted according to the zoning district, as specified in Section 8.5.3.

This section authorizes the establishment of accessory uses and structures that are incidental and customarily subordinate to principal uses. The city's intent in adopting this section is to allow a broad range of accessory uses. Such uses shall be located on the same site as the principal use, and shall comply with the standards set forth in this section in order to reduce potentially adverse impacts on surrounding lands.

¹  The number and size of the units shall not cause the property to exceed the maximum lot coverage by roofs in 2.4.1.A.3 or total impervious coverage found in 2.4.2.B.3. The total number of Accessory Structures per lot is limited to 4.

²  Location for all Accessory Types shall meet the Accessory Building Placement standards in 2.4.1.C, unless specifically noted in this section.

³  A maximum of 2 garage/carport/workshops are permitted, regardless of whether they are attached or detached, or contain an Accessory Dwelling Unit; however only one of each type is permitted per lot. Example: A lot may have one attached garage and one detached garage but cannot have two detached garages.

⁴  Items B-I may not be built before the Primary Structure on a lot.

A.

Parking: Off-street parking or a storage area for customers, clients, or employee-owned vehicles is considered an accessory use.

B.

Storage for Merchandise: A completely enclosed building for the storage of supplies, stock, or merchandise is permitted. Steel cargo storage containers, or modified versions thereof, are not permitted.

C.

Storage for Equipment: Sheds or tool rooms for the storage of equipment used in operations or maintenance are permitted. Steel cargo storage containers, or modified versions thereof, are not permitted.

D.

Specific to the T4-NA, RMX, and LI: Open yard use for the storage of materials or equipment is permitted with the following conditions:

1.

Such uses shall be separated from adjoining properties by an opaque screen, fence, or wall at least 7 feet in height above finished grade. If adjacent to a public right-of-way, the screening fence shall be placed at or beyond the building setback line.

2.

Junk or other salvage is not permitted as part of an open storage yard.

3.

Nonconforming areas must come into compliance with this Code within 2 years from the date of its adoption.

4.

This section does not apply to vehicles or boats for display in association with the sales of such vehicles.

E.

Light Manufacturing and Repair: A light manufacturing and/or repair facility, incidental to the principal use is permitted, provided that it is not a nuisance to adjacent parcels, and provided such operation is not otherwise specifically prohibited in the District in which the principal use is located.

F.

Specific to Marinas: Marinas may include a mooring field, boat tours, boat fueling and pump-out facilities, restrooms, and a marina office or store.

There shall be no limitations regarding accessory uses to any use, building, or activity operated within the publicly owned property or land, except that such uses, buildings, or activities must be directly related and subordinate to the principal public use.

A.

General Requirements: No form of advertising shall be allowed on the dish or framework, other than the manufacturer's small identification plate.

B.

Within Transect-Based Districts: Satellite dishes shall be placed in the side or rear yard or on the roof. Dishes shall not be allowed in any front yard, or in a location that is visible from the public right-of-way, unless a company licensed to install satellite dishes in the city certifies that the front yard is the only place for the dish to be operational. Satellite dishes shall be screened from the street, and to the degree feasible, from adjoining properties. Such screening can be accomplished through fencing, landscaping, or placement of the dish between or behind architectural features of the building.

C.

Within Conventional Districts: The preferred location for all dishes is in the rear yard or on the roof. Dishes are encouraged to be screened from the street and to the degree feasible, from adjoining properties. Screening can be accomplished through fencing, landscaping, or placement of the dish between/behind architectural features of the building. Dishes greater than 2 meters in diameter must be located in the side or rear yard, or on the roof, and must be screened from the street, and to the degree feasible, from adjoining properties.

Unless otherwise provided, all permitted temporary uses listed below shall require a temporary use permit that shall be reviewed and issued by the administrator, subject to the procedures outlined in Section 9.4 (Zoning Permit). If a use is not on the list below, it is prohibited.

A.

Carnival, circus or fair, for a period not to exceed 21 days, in the LI District.

B.

Open lot sale of seasonal produce and plant products including Christmas trees, in the T4-N, T5-UC, and RMX Districts for a period not to exceed 45 days.

C.

Temporary real estate sales offices (e.g., mobile trailer), in conjunction with an approved subdivision or development project, in any district, for a period not to exceed 1 year, provided no cooking or sleeping accommodations are maintained in the structure. These may be renewed, upon written request, for periods of 6 months at a time if the subdivision has an active Project Permit.

D.

For new construction, a contractor's office and equipment sheds, including steel cargo storage containers, in any district districts, for a period of 6 months, provided a Project Permit has been issued for construction on the site, and such facilities are placed on the property to which it is appurtenant..

E.

Temporary classroom facilities shall not be located at any school, religious institution, or other similar use, unless a plan for improvements designed to eliminate the temporary classrooms at a time certain in the future — within 24 months — has been approved by the administrator. Such plan shall include a review of the placement of the temporary classrooms, and may require screening and buffering in order to comply with this Code. Extensions of up to 1-year may be permitted by the administrator, upon written request, if the units have not proven to be a nuisance and the plan for elimination is still active.

F.

Food Trucks/Concession Stands: See Part 7 Chapter 16 of the City of Beaufort Code of Ordinances, or updated section as applicable, for regulations.

G.

Farmers Markets:: Farmers markets shall comply with the following standards:

1.

Farmers Markets are permitted in T4-N, T5-UC, RMX, IC, and LI Districts.

2.

An on-site manager is required.

3.

A management plan is required, including the following:

a.

The regular days and hours of operation on a weekly or monthly basis.

b.

Parking locations for vendors and customers.

c.

Setup areas for vendors.

d.

Signage - On-site temporary signage is permitted on the day of the market. This includes, but is not limited to, sandwich board signs, easels, and banners meeting the requirements in Article 6.

e.

Location of temporary restrooms, trash/recycling containers, electricity sources.

f.

Strategy for removal or storage of trash/recycling, tents, kiosks, vans, trailers or other market equipment when the market is not open.

g.

Rules and regulations for the market.

4.

Types of Products:

a.

At least 60% of the vendors shall sell "Farm Products," the majority of which shall be sold direct to consumer. Farm Products are defined as fruits, vegetables, mushrooms, herbs, nuts, eggs, honey or other bee products, flowers, plants, meat, milk, cheese and other dairy products, fish, and value-added products containing the above-mentioned items. Brokers - participants who have bought any farm products from a grower and do not grow anything themselves - are not permitted.

b.

Up to 40% of vendors may sell prepared foods. The majority of their sales shall be direct to consumer.

H.

Portable steel storage containers are permitted in any district for purposes of loading or unloading, for a period not to exceed 14 days.

I.

Cargo or freight storage containers, or modified versions thereof, are permitted to be used as temporary storage facilities in the LI and RMX Districts for up to 3 consecutive months in any 12-month period, on the condition that the containers are not visible from the street.